Orlando Loyola, a former employee of a popular sushi restaurant chain, has filed a lawsuit alleging significant labor violations. The complaint was lodged by Loyola on December 13, 2024, in the United States District Court for the Northern District of Illinois against Happy Sushi WP LLC, operating as Gorilla Sushi, and its manager Adam Yin.
The lawsuit claims that the defendants failed to pay Loyola and similarly situated employees overtime wages as required by law. Loyola began working for the defendants in 2021 and continued until May 5, 2024. During his employment, he regularly worked up to 65 hours per week but was paid at a flat rate without receiving overtime compensation. The complaint alleges that this practice violates both the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). According to Loyola's attorneys from Becerra Law Group, LLC, "Defendants’ failure to pay Plaintiff and similarly situated employees for time worked in excess of 40 hours per week was a willful violation."
Loyola argues that during his tenure at Gorilla Sushi, he handled goods involved in interstate commerce such as salmon and rice sourced from outside Illinois. Despite being classified as a chef, his duties were non-exempt under labor laws which should have entitled him to overtime pay. The lawsuit details how Adam Yin, as the sole manager of Happy Sushi WP LLC, had direct control over employment conditions including hiring practices and wage decisions. This makes Yin liable under both federal and state labor laws.
In seeking redress from the court, Loyola is asking for unpaid overtime wages calculated at one-and-a-half times his regular hourly rate for all hours worked beyond 40 each week over the past three years. Additionally, he seeks liquidated damages equal to these unpaid wages alongside attorney fees and other costs associated with bringing this action forward.
Representing Orlando Loyola is attorney Carlos G. Becerra from Becerra Law Group LLC. The case is being heard in front of judges within the jurisdiction of the Northern District of Illinois under Case ID: 1:24-cv-12840.